- 14 - (particularly if the losses from the activity generate substantial tax benefits) may indicate that the activity is not engaged in for profit especially if there are personal or recreational elements involved." Sec. 1.183-2(b)(8), Income Tax Regs. Petitioner had $144,787 in gross receipts from legal services. On his return, he reported $61,321 of business income from the law offices and $44,369 of capital gain. Obviously, petitioner does not rely on his farm activity for income. The income from petitioner's law practice gives petitioner the means to wait for the trees to grow. The losses from the activity generate substantial tax benefits for petitioner. In addition, he benefits from the recreational elements involved in visiting his second home every weekend. We consider whether there are elements of personal pleasure or recreation. "The presence of personal motives in carrying on of an activity may indicate that the activity is not engaged in for profit, especially where there are recreational or personal elements involved." Sec. 1.183-2(b)(9), Income Tax Regs. Petitioner travels to his second home in the mountains every weekend and spends up to 3 days in that home. He claims he spends the equivalent of 1 day a month on activities allegedly related to the apples and timber. When he purchased the property he did not plan on using it to grow timber. As petitioner admits, the property was purchased primarily for recreational reasons; i.e., for use as a second home. Petitioner mainly relies upon the argument that after thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011